Military Law

Anyone who has seen active duty knows that an engagement with the enemy in wartime is chaotic. By definition, war is a violent, chaotic exchange. In this context, how can we understand war crimes? How do we differentiate between an act of war and a criminal act?...

There have always been disagreements about the law. Whenever laws are introduced and put into practice, people argue to change the laws. It’s just part of the normal course of things. Invariably, when changes are implemented, some things are improved and other...

The military has a zero-tolerance policy for active-duty service members who drink and drive. An arrest or conviction for drunk or drugged driving can ruin your military career and even result in a dishonorable discharge. If you are pulled over and arrested for DUI...

Regardless of the severity of the charges against you, facing any military criminal review or punishment can end or jeopardize your military career. Your best course of action is to seek experienced legal advice to protect your future. Regardless of which branch of...

Yes. In most cases, you are able to file an appeal if convicted of rape, sexual assault or other sexual misconduct under Article 120 of the Uniform Code of Military Justice (UCMJ). Your appeal depends on the type of court-martial proceeding: summary, special or...

Military personnel can face dire consequences if they refuse to or cannot report for duty. Depending upon the circumstances, service members can face three related charges if they fail to show up. Absence without official leave (AWOL), desertion and missing movement...

If you are under investigation by military police, you retain certain rights against illegal searches and seizures of property, just as civilians have under the Bill of Rights. However, those protections differ significantly depending on the circumstances and where...

A failed drug test can severely damage a military career and result in court-martial proceedings. The consequences differ depending upon your rank, the type of drug and the branch of the armed services to which you belong. Military members with positive drug tests...

In this series on the difference between court-martials and civilian cases, we focus on criminal accusations that lead to life-changing and potentially life-ending consequences following a court-martial verdict. Court-martials involve crimes and cases specific to the...

In this series on the difference between court-martials and civilian cases, we look at the potential verdicts and the rules governed by both civilian and military courts. Various options exist for both civilians and members of the military when it comes to resolving...